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2023 Supreme(Del) 1600

NAVIN CHAWLA
Akshay Talwar – Appellant
Versus
Anil Seth – Respondent


Advocates appeared:
Mr. Samyak Jain, Advocate, for the Petitioner.
Dr. Amit George & Mr. Aakash, Advocates, for the Respondent-1.
Mr.Pulkit Aggarwal, Advocate, for the Respondent-2.

JUDGMENT

Navin Chawla, J. (Oral)--This petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act.) seeking appointment of a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Agreement to Sell dated 17.06.2019/07.08.2019 with respect to the built-up entire first floor without terrace/roof rights, and 1/4th car parking space/share in stilt parking area (below ground floor) of the property bearing No.3310/B, Ranjeet Nagar, New Delhi-110008 (referred to as "subject property"), which admittedly belongs to the respondents.

2. The Arbitration Agreement between the parties is contained in Clause 10 of the Agreement to Sell.

3. Disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement vide notice dated 06.09.2022. The respondents, however, vide reply dated 28.09.2022, refused appointment of an Arbitrator, forcing the petitioner to file the present petition.

4. The learned counsels for the respondents submit that the Agreement to Sell relied upon by the petitioner is a fabricated document. In support of this submission, they state that

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